KARIM BHAT Vs. STATE OF J AND K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF J AND K
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MANSOOR AHMAD MIR, J. -
(1.) PETITIONERS have sought indulgence of this Court for issuing writ of certiorari for quashing notification No. DCB/LA/PATT/32 dated 03.03.2004 and notice No. Rev -(LAK)32/4 dated 17.08.2004 so far it effects the rights of the petitioners and also for commanding the respondents not to acquire land of the petitioners description of which is given in the writ petition.
(2.) IT is averred in the petition that petitioners are owners in possession of land measuring 25 kanals 1 marla and the said land is Aabi -Awal meant for paddy growing and cannot be used for any other purpose. It is further averred that petitioners will be deprived of source of livelihood if the land in question is acquired. Further they have averred that Shamilat and Kach -charai land is available which could be acquired instead of land of the petitioners.
Respondents have filed objections. It is profitable to reproduce the relevant portion of the objections herein: Reply to the grounds
(a) to (g) In reply to the contentions raised in these grounds, it is submitted that issuance of notification Under Section 6 and 7 of the Band Acquisition Act, is ample evidence of the fact that the permission has been accorded by the competent authority required Under Section 133 of the Land Revenue Act.
The respondents submit that upon a complaint -cum objections against acquisition of land in question, on the ground that there is State/Kahcharai land available in the vicinity of the said land, the Collector was asked by the Deputy Commissioner, Baramulla to visit the area, examine the revenue records and liaise with the local revenue authorities and representatives of the indenting department and ascertain whether any such suitable site/ State -Kahcharai land is available for the said public purpose. The District Collector along with General Manager District Industries Centre, Baramulla, Tehsildar Pattan and Naib Tehsildar, Pattan as well as concerned revenue staff visited the spot on 18.4.2005. It was observed that a chunk of land measuring near about 70Ks recorded as Shamilat/Kahcharai is available in the middle of the village. However the land was found in U shape and there is already a park existing in the land which has been constructed by the Gulmarg Development Authority. Besides, there also exist Iddgah, mosque and Ziarat Sharief in the said patch of land. Some structures have also been found existing on the land and to remove same would cause and create law and order situation/ problem for the authorities. In any case, the matter was taken up with the intending department through General Manager, DIC, Baramulla with the remarks to intimate as to whether the new site could be proposed for the said public purpose. However, the General Manager intimated that the site is not feasible for the public purpose -construction of Industrial Estate.
(3.) ADMIT . With the consensus of learned Counsel for parties, this petition is taken up for final adjudication.;
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